(PC) Sykes v. Athannasious et al, No. 2:2012cv02570 - Document 87 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/31/14 recommending that defendants CDCR and CMF be dismissed. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MILTON SYKES, 12 13 14 No. 2: 12-cv-2570 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ATHANNASIOUS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding with counsel, with a civil rights action pursuant to 18 42 U.S.C. § 1983. The undersigned has concurrently issued an order addressing plaintiff’s 19 motion for leave to file an amended complaint and proposed amended complaint. (ECF No. 79.) 20 In this order, the undersigned found that plaintiff’s claims against defendants California 21 Department of Corrections and Rehabilitation (“CDCR”) and California Medical Facility 22 (“CMF”) are barred by the Eleventh Amendment. The undersigned now recommends dismissal 23 of defendants CDCR and CMF on these grounds. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that defendants CDCR and CMF be dismissed. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be filed and served within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: October 31, 2014 7 8 Sy2570.fr 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.